Skip to Content
Top

Defending Commercial Drivers Facing DUI in Colorado

truck driver stopped by police
|

Commercial drivers carry heavy responsibility — for safety, deadlines, and the livelihoods tied to every mile. When a DUI arrest happens, that responsibility can feel like a weight too heavy to bear. For those who depend on their Commercial Driver’s License (CDL) to make a living, even one mistake or misunderstanding can threaten their job, income, and future. Understanding what happens after a CDL DUI arrest in Colorado is the first step to protecting both your career and your freedom.

If you’ve been arrested for DUI while holding a CDL, take action now. Contact our team online or call (720) 408-7130 for immediate guidance on protecting your driving privileges and livelihood.

The Stakes Are Higher for Commercial Drivers

A CDL isn’t like a regular driver’s license — it’s your professional certification. Losing it, even temporarily, can mean losing your job. That’s why Colorado holds commercial drivers to stricter standards than other motorists.

Under Colorado law:

  • A BAC (Blood Alcohol Content) of 0.04% or higher while driving a commercial vehicle counts as DUI.
  • A BAC of 0.08% or higher counts as DUI even in your personal vehicle — and it still affects your CDL.
  • Refusing a chemical test (breath or blood test) can lead to automatic license disqualification.

These limits mean even a small amount of alcohol or certain medications can put your career at risk.

CDL DUI Penalties in Colorado

Penalties for a commercial driver DUI in Colorado are far more serious than for non-commercial drivers. The law separates criminal and administrative penalties (license-related), which can affect your ability to work.

First-Offense CDL DUI

  • Minimum 1-year CDL disqualification (even if the DUI occurred in a personal vehicle)
  • Possible jail time, fines, and mandatory alcohol education
  • License reinstatement requirements, including SR-22 insurance and fees

Second-Offense CDL DUI

  • Lifetime disqualification of your CDL (no reinstatement)
  • Severe criminal penalties depending on prior history

Even if you weren’t driving a commercial vehicle at the time of arrest, your CDL is still affected. This rule applies across all states due to the federal Motor Carrier Safety Improvement Act.

Administrative vs. Criminal Cases: What You Need to Know

A CDL DUI arrest starts two different legal processes:

  1. The criminal case — Determines guilt or innocence in court and decides penalties such as jail, probation, or fines.
  2. The administrative case (DMV hearing) — Decides whether your driver’s license and CDL will be suspended or disqualified.

You only have seven days after arrest to request a DMV hearing to contest the suspension. Missing this deadline means your driving privileges are automatically revoked, even if your criminal case hasn’t been resolved.

For a deeper look at DUI charges and defenses in Colorado, explore more about Colorado DUI defense.

The Effect on Employment and Future Driving Opportunities

For most commercial drivers, even temporarily losing a CDL means losing work. Employers are often required by federal law to remove drivers from duty immediately after a DUI arrest. This can result in:

  • Immediate job suspension or termination
  • Difficulty finding new employment, since most carriers check CDL records through the Federal Motor Carrier Safety Administration (FMCSA)
  • Long-term financial hardship from lost income and insurance rate increases

Even a short suspension can have lasting effects on your career. That’s why acting fast after an arrest can make a real difference.

CDL DUI for Alcohol vs. Drugs

Many commercial drivers assume DUI laws only apply to alcohol, but Colorado also enforces strict penalties for driving under the influence of drugs — including prescription or over-the-counter medication.

Examples of substances that can trigger a CDL DUI charge:

  • Prescription painkillers or sleep aids
  • Marijuana, even if legally used off-duty
  • Cold or allergy medications that cause drowsiness

The same 0.04% BAC rule applies for alcohol, but for drugs, any sign of impairment detected by law enforcement can lead to arrest and disqualification.

How to Defend Against a CDL DUI in Colorado

While every case is unique, several common defense strategies can be used to challenge a CDL DUI charge:

  • Questioning the traffic stop — Was there a valid reason for the officer to pull you over?
  • Challenging chemical test results — Were the testing devices properly calibrated and used correctly?
  • Examining police procedures — Did the officer follow Colorado’s DUI laws and your rights during arrest?
  • Proving non-impairment — Demonstrating that fatigue, illness, or other factors caused driving behavior mistaken for impairment.

An experienced defense approach looks at both the criminal and administrative sides to protect your CDL and your ability to work.

What Happens If You Refuse a Chemical Test

Refusing a breath or blood test is not a “safe” option. In Colorado, refusal triggers automatic penalties, including:

  • 1-year CDL disqualification for a first refusal
  • Lifetime disqualification for a second refusal
  • Automatic suspension of your regular driver’s license

Additionally, refusal can be used as evidence in your criminal case, making the situation even more challenging to defend.

Steps to Take After a CDL DUI Arrest

Every day counts if you’ve been arrested for DUI while holding a commercial driver’s license. Here’s what to do next:

  1. Request your DMV hearing immediately. You have only seven days.
  2. Do not drive on a suspended or disqualified license — this can add criminal charges.
  3. Gather all documents from your arrest, including the notice of revocation.
  4. Speak with a DUI defense attorney familiar with Colorado’s CDL laws.
  5. Keep your employer informed only as required — avoid sharing unnecessary details without legal guidance.

Taking quick, informed action gives you the best chance of limiting damage to your career and license.

Denver DUI Attorney

Commercial drivers form the backbone of Colorado’s economy. Losing a CDL to a DUI charge doesn’t just affect one person — it impacts entire families and livelihoods. With the proper guidance, it’s possible to challenge the evidence, protect your rights, and take steps toward keeping your license and your career intact.

If you’re facing a commercial driver DUI, get help now. Contact our team online or call (720) 408-7130 to discuss your options and protect your driving future.

Learn more about Colorado DUI laws and defense strategies from Fife Luneau, P.C..

Categories: